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1. The defendant
(a) deliver the real estate listed in the separate sheet;
B. From 30,450,000 won and January 24, 2016
Reasons
1. Facts of recognition;
A. On April 22, 2015, the Plaintiff leased real estate listed in the separate sheet (hereinafter “instant real estate”) to the Defendant as KRW 50,00,00,000 for lease deposit, KRW 4,50,00 for monthly rent (value-added tax separate, KRW 23,00 for each month) and KRW 23,00 for the lease term from May 23, 2015 to May 22, 2017 (hereinafter “lease”), and handed over the said real estate to the Defendant.
At the time of conclusion of the above lease contract, the Plaintiff and the Defendant agreed that the lessor may terminate the contract if the overdue rent of the lessee amounts to the amount of the rent of the second period.
(Article 4.2).
However, the Defendant did not pay the monthly rent for a six-month period from June 23, 2015 to December 22, 2015. On January 6, 2016, the Plaintiff sent to the Defendant a letter-certified mail stating that the instant lease contract is terminated on the ground of the delayed payment of rent for the six-month period, and the said mail arrives to the Defendant following the said six-month period.
C. After doing so, the Defendant continued to possess the instant real estate without paying only KRW 4,200,000 to the Plaintiff on January 14, 2016, and is running rice farm business.
[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence, purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the lease of this case terminated on January 7, 2016 on the ground of the Plaintiff’s termination of the contract on the ground of the Defendant’s delinquency in rent of more than two years.
Therefore, the defendant is obligated to deliver the real estate of this case to the plaintiff with the return of the leased object.
B. In addition, the Defendant calculated the Plaintiff at the rate of KRW 4,950,000 per month (the sum of KRW 4,500,000 per month plus value added tax of KRW 450,000 per month) by returning the instant real estate from the following day to the date of completion of delivery to the Plaintiff, as the rent agreed upon under the lease agreement from June 23, 2015 to January 7, 2016.